CHAPTER 141

An Act to validate, ratify and confirm the consolidation of the cities of
Warwick and Newport News into the Consolidated City of Newport
News, together with the election of the council therefor; to provide
a charter for the Consolidated City of Newport News, effective July 1,
1958; to repeal Chapter 64 of the Acts of Assembly of 1895-96 entitled
“An Act to incorporate the city of Newport News, in the county of
Warwick, and to provide a charter therefor’, approved January 16,
1896, and Acts amendatory thereof, effective July 1, 1958; and to
repeal chapter 706, of the Acts of Assembly of 1952 entitled “An Act
to provide a Charter and form of government for the City of War-
wick, and to provide for the adoption thereof”, approved April 8,
1952, and Acts amendatory thereof, effective July 1, 1958. tH 9]

Approved March 8, 1958

Be it enacted by the General Assembly of Virginia:
1. The Consolidation of the cities of Warwick and Newport News into
the Consolidated City of Newport News is hereby validated, ratified and
confirmed effective on and after the Ist day of July, 1958, together with
the election on November 5, 1957, of O. J. Brittingham, Jr.; Alfred M.
Monfalcone; Marvin M. Murchison, Jr.; Robert B. Smith; J. Fred Christie;
Paul S. Ward; and William C. Bowen as the members of the Council of
the Consolidated City of Newport News.
2. Chapter 64 of the Acts of Assembly of 1895-96 entitled “An Act to
incorporate the City of Newport News, in the County of Warwick, and to
provide a Charter therefor” approved January 16, 1896, and Acts amenda-
tory thereof are hereby repealed, effective July 1, 1958.
3. Chapter 706 of the Acts of Assembly of 1952 entitled “An Act to
provide a Charter and form of government for the City of Warwick, and
to provide for the adoption thereof” approved April 8, 1952, and Acts
amendatory thereof are repealed, effective July 1, 1958.
4. On and after the 1st day of July, 1958, this Act shall constitute the
Charter of the Consolidated City of Newport News.
Chap1

Territory Comprising City
§ 1.01. The territory comprising the Consolidated City shall consist
of all of the territories comprising the former cities of Newport News and
Warwick, as the same now are or may hereafter be established by law.
The boundaries of such city shall be construed to embrace all United
States military and government reservations within such city and all
wharves, docks and other structures of every description that have been
or may hereafter be erected along the waterfront of said city, and any
contiguous territory heretofore or hereafter ceded to the Commonwealth
of Virginia by any government or agency thereof.

Chap 2

POWERS

§ 2.01. General Grant of Powers.—The City shall have and may
exercise all powers which are now or may hereafter be conferred upon or
delegated to cities under the Constitution and laws of the Commonwealth
and all other powers pertinent to the conduct of a city government the
exercise of which is not expressly prohibited by the said Constitution and
laws and which in the opinion of the council are necessary or desirable to
promote the general welfare of the city and the safety, health, peace, good
order, comfort, convenience and morals of its inhabitants, as fully and
completely as though such powers were specifically enumerated in this
charter, and no enumeration of particular powers in this charter shall be
ae to be exclusive but shall be held to be in addition to this general grant
of powers.

§ 2.02. Financial Powers.—In addition to the powers granted by
other sections of this charter the City shall have power:

‘(a) To raise annually by taxes and assessments in the city such sums
of money as the council shall deem necessary to pay the debts and defray
the expenses of the city, in such manner as the council shall deem expe-
dient, provided that such taxes and assessments are not prohibited by the
laws of the Commonwealth. In addition to, but not as a limitation upon,
this general grant of power the city shall, when not prohibited by the laws
of the Commonwealth, have power to levy and collect ad valorem taxes on
real estate and tangible personal property and machinery and tools, and a
capitation tax not exceeding one dollar per annum on each resident of the
Commonwealth within the limits of the City; to levy and collect taxes for
admission to or other charge for any public amusement, entertainment,
performance, exhibition, sport or athletic event in the city, which taxes
may be added to and collected with the bills rendered purchasers of such
service; to require licenses, prohibit the conduct of any business or profes-
sion without such a license, require taxes to be paid on such licenses in
respect of all businesses and professions which cannot, in the opinion of
the council, be reached by the ad valorem system; and to require licenses
of owners of vehicles of all kinds for the privilege of using the streets,
alleys, and other public places in the City, require taxes to be paid on such
licenses and prohibit the use of streets, alleys and other public places in
the City without such license.

(b) To borrow money for the purposes and in the manner provided
by Chapter 7 of this charter.

(c) To make appropriations, subject to the limitations imposed by
this charter, for the support of the city government and any other pur-
poses authorized by this charter or by the general laws of the Common-
wealth and not prohibited by the laws of the Commonwealth.
(d) To appropriate, without being bound by other provisions of this
charter, not more fiat five hundred thousand dollars in any one fiscal year
for the purpose of meeting a public emergency threatening the lives, health
or property of the inhabitants of the City, provided that any such appro-
priation shall require at least five (5) affirmative votes of the council and
that the ordinance making such appropriation shall contain a clear state-
ment of the nature and extent of the emergency.

(e) To accept or refuse gifts, donations, bequests or grants from any
source for any purpose related to the powers and duties of the city
government.

(f) To provide, or aid in the support of, public libraries and public
schools.

(g) To grant financial aid to military units organized in the City in
accordance with the laws of the Commonwealth, and to charitable or benev-
olent institutions and corporations, including those established for scien-
tific, literary or musical purposes or the encouragement of agriculture and
tty mechanical arts, whose functions further the public purposes of the

‘ity.

(h) To establish a system of pensions for injured, retired or super-
annuated city officers and employees, members of the police and fire depart-
ments, teachers and other employees of the school board, judges, clerks,
deputy clerks, bailiffs and other employees of the municipal courts, and to
establish a fund or funds for the payment of such pensions by making
appropriations out of the treasury of the city, by levying a special tax for
the benefit of such fund or funds, by requiring contributions payable from
time to time from such officers or employees, or by any combination of
these methods or by any other method not prohibited by law, provided that
the total annual payments into such fund or funds shall be sufficient on
sound actuarial principles to provide for the pensions to be paid therefrom,
and provided further that the benefits accrued or accruing to any person
under such system shall not be subject to execution, levy, attachment,
garnishment or any other process whatsoever nor shall any assignment of
any such benefits be enforceable in any court, provided, however, that no
vested rights of any person in any of the retirement systems in existence
at the time of consolidation in the cities of Warwick or Newport News
shall be adversely affected.

(i) To provide for the control and management of the fiscal affairs
of the city, and prescribe and require the adoption and keeping of such
books, records, accounts and systems of accounting by the departments,
boards, commissions, courts or other agencies of the city government pro-
vided for by this charter or otherwise by law as may be necessary to give
full and true accounts of the affairs, resources and revenues of the city
and the handling, use and disposal thereof.

§ 2.03. Powers Relating to Public Works, Utilities and Properties.—
In addition to the powers granted by other sections of this charter, the city
shall have the power:

(a) To lay out, open, extend, widen, narrow, establish or change the
grade of, close, construct, pave, curb, gutter, adorn with shade trees,
otherwise improve, maintain, repair, clean and light streets, including
limited access or express highways, alleys, bridges, viaducts, subways and
underpasses, make and improve walkways upon streets and improve and
pave alleys within the city; and the city shall have the same power and
authority over any street, alley or other public place ceded or conveyed to
the city or dedicated or devoted to public use as over other streets, alleys
and other public places.

(b) To acquire, construct, own, maintain and operate, within and
without the city public parks, parkways, playfields and playgrounds, and
to lay out, equip and improve them with all suitable devices, buildings and
other structures.

(c) To collect and dispose of garbage and other refuse and to con-
struct, maintain and operate, within and without the city, incinerators,
dumps or other facilities for such purposes.

(d) To construct, maintain and operate within and without the city,
sewers, drains, culverts and sewage disposal works.

(e) To assess the whole or part of the cost of making and improving
walkways on then existing streets, improving or paving existing alleys,
or constructing sewers, culverts and drains, upon the owners of land abut-
ting thereon or on the street or alley in which such sewer, culvert, or
drain is laid, provided that the amount of such assessment shall not ex-
ceed the peculiar benefit resulting to the landowner from the improve-
ment; provided further, that in lieu of any such assessment for the con-
struction of a sewer, culvert or drain, the City may assess and collect an
annual sewer tax as compensation for the use thereof, and may provide
for the commutation thereof upon such terms and conditions as the council
may provide by ordinance, but such assessment shall not be in excess of
the peculiar benefit resulting therefrom to such abutting landowners;
and provided further, that the City may acquire by condemnation or other-
wise any interest or right of any owner of abutting property in the use of
any sewer, culvert or drain, and thereafter charge such landowner for the
use of such sewer, culvert or drain. The City may order such improve-
ments to be made and the cost thereof apportioned in pursuance of an
agreement between the City and the abutting landowners.

(f) To construct, maintain and equip all buildings and other struc-
Gite, necessary or useful in carrying out the powers and duties of the

ity.

‘g) To sell, lease or dispose of, except as otherwise provided in this
charter and in the Constitution and laws of the Commonwealth, land,
buildings and other property of the City, real and personal.

(h) To control and regulate the use and management of all property
of the City, real and personal.

(i) To acquire, construct and maintain or authorize the construction
and maintenance of bridges, viaducts, subways or underpasses over or
under any river, stream, creek or ravine when any portion of such bridge,
viaduct, subway or underpass is within the city limits, and to charge or
authorize the charging of tolls for their use by the public, and to require
compensation for their use by public utility, transmission or transporta-
tion companies, except as the right to require such compensation is af-
fected by any contract heretofore or hereafter made with the company
concerned.

(j) To authorize by ordinance, in accordance with the Constitution
and laws of the Commonwealth, the use of the streets for the laying down
of street railway tracks and the operation of street railways therein
under such conditions and regulations as may be prescribed by such ordi-
nance or by any future ordinance, or to acquire by agreement or condem-
nation any such street railway and maintain and operate the same.

(k) To acquire, construct, own, maintain and operate, within and
without the City, places for the parking or storage of vehicles by the
public, which shall include but shall not be limited to parking lots, garages,
buildings and other land, structures, equipment and facilities, when in the
opinion of the council they are necessary to relieve congestion in the use
of streets and to reduce hazards incident to such use; provide for their
management and control by a department of the city government or by a
board, commission or agency specially established by ordinance for the
purpose; authorize or permit others to use, operate or maintain such
places or any portions thereof, pursuant to lease or agreement, upon such
terms and conditions as the council] may determine by ordinance; and
charge or authorize the charging of compensation for the parking or
storage of vehicles or other services at or in such places.

(1) To acquire, construct, own, maintain and operate, within and
without the city, airports and all the appurtenances thereof; provide for
their management and control by a department of the city government or
by a board, commission or agency specially established by ordinance for
the purpose; charge or authorize the charging of compensation for the use
of any such airport or any of its appurtenances; lease any appurtenance
of any such airport or any concession incidental thereto or, in the dis-
cretion of the council, lease any such airport and its appurtenances with
the right to all concessions thereon to, or enter into a contract for the
management and operation of the same with any person, firm or corpor-
ation on such terms and conditions as the council may determine by ordi-
nance.

(m) To acquire, construct, own, maintain and operate, within and
without the City, stadia, arenas, golf courses, swimming pools and other
sport facilities; provide for their management and control by a department
of the city government or by a board, commission or agency specially es-
tablished by ordinance for the purpose; charge or authorize the charging
of compensation for the use of or admission to such stadia, arenas, golf
courses, swimming pools and other sport facilities, including charges for
any services incidental thereto; lease, subject to such regulations as may
be established by ordinance, any such stadium, arena, golf course, swim-
ming pool or other sport facility or any concession incidental thereto, or
enter into a contract with any person, firm or corporation for the manage-
ment and operation of any such stadium, arena, golf course, swimming
pool or other sport facility, including the right to all concessions incident
to the subject of such contract, on such terms and conditions as the
council may determine by ordinance.

(n) To acquire, and to construct, own, maintain and operate within
and without the City, water works, gas plants, atomic plants, and electric
plants, with the pipe and transmission lines incident thereto, and to
charge and collect compensation therefor, and to provide penalties for the
unauthorized use thereof; to acquire by purchase, condemnation or other-
wise from lower riparian owners the right to divert streams into the
present or any future reservoir.

(o) To acquire, construct, own, maintain and operate, within and
without the City, landings, wharves, docks, canals and the approaches to
and appurtenances thereof, tracks, spurs, crossings, switchings, terminals,
warehouses and terminal facilities of every kind and description necessary
or useful in the transportation and storage of goods, wares and merchan-
dise; perform any and all services in connection with the receipt, delivery,
shipment and transfer in transit, weighing, marking, tagging, ventilating,
refrigerating, icing, storing and handling of goods, wares and merchan-
dise; prescribe and collect charges from vessels coming into or using any
of the landings, wharves and docks, and from persons using any of the
facilities above described ; provide for the management and control of such
facilities or any of them by a department of the city government or by a
board, commission or agency specially established by ordinance for the
purpose; lease any or all of such facilities or any concessions properly
incident thereto to any person, firm or corporation or contract with any
person, firm or corporation for the maintenance and operation of any or
all of such facilities on such terms and conditions as the council may de-
termine by ordinance; apply to the poorer authorities of the United States
© grant to the City the privilege of establishing, maintaining and opera-
ting a foreign trade zone within or without the City; regulate the use of
other landings, wharves and docks located on any river, stream, or body
of water within or contiguous to the City; prevent and remove obstructions
from the harbor of such river, stream or body of water and in, upon or
near the landings, wharves, docks or canals adjacent thereto, and collect
from the person or persons responsible for such obstructions the cost of
their removal; close or discontinue the use of any such wharf, dock, land-
ing or canal now owned or hereafter acquired by the City and upon the
closing or discontinuance of such use the same shall thereupon be forever
discharged from any public use or easement or from any obligation there-

tofore imposed by reason of such public use or easement by statute or
otherwise.

§ 2.04. Power to Make Regulations for the Preservation of the
Safety, Health, Peace, Good Order, Comfort, Convenience, Morals and
Welfare of the City and Its Inhabitants.—In addition to the powers grant-
ed by other sections of this charter the City shall have the power to adopt
ordinances, not in conflict with this charter, or prohibited by the general
laws of the Commonwealth, for the preservation of the safety, health,
peace, good order, comfort, convenience, morals and welfare of its inhabi-
tants and among such powers, but not in limitation thereof, the City shall
have power:

(a) To provide for the prevention of vice, immorality, vagrancy and
drunkenness; prevention and quelling of riots, disturbances and dis-
orderly assemblages; suppression of houses of ill fame and gambling
places; prevention of lewd and disorderly conduct or exhibitions; and
prevention of conduct in the streets dangerous to the public.

(b) To regulate the construction, maintenance and repair of buildings
and other structures and the plumbing, electrical, heating, elevator, esca-
lator, boiler, unfired pressure vessel, and air conditioning installations
pen for the purpose of preventing fire and other dangers to life and

ealth.

(c) To provide for the protection of the city’s property, real and
personal, the prevention of the pollution of the city’s water supply, and
the regulation of the use of parks, playgrounds, playfields, recreational
facilities, landings, docks, wharves, canals, airports, and other public
property, whether located within or without the City. For the purpose
of enforcing such regulations all city property wherever located shall
be under the police jurisdiction of the City. Any member of the police
force of the City or employee thereof appointed as a special policeman
shall have power to make arrests for violation of any ordinance, rule or
regulation adopted pursuant to this section and the Municipal Court shall
have jurisdiction in all cases arising thereunder within the City and the
county court of the county wherein the offense occurs shall have juris-
diction in all cases arising thereunder without the City.

(d) To grant or authorize the issuance of permits under such terms
and conditions as the council may impose for the use of streets, alleys, and
other public places of the City by railroads, street railways, buses, taxi-
cabs and other vehicles for hire; prescribe the location in, under or over,
and grant permits for the use of, streets, alleys and other public places for
the maintenance and operation of tracks, poles, wires, cables, pipes,
conduits, bridges, subways, vaults, areas and cellars; require tracks, poles,
wires, cables, pipes, conduits and bridges to be altered, removed or re-
located either permanently or temporarily; charge and collect compensa-
tion for the privileges so granted; and prohibit such use of the streets,
alleys and other public places of the city, and no such use shall be made
of the streets, alleys or other public places of the City without the consent
of the Council.
toria, convalescent homes, clinics and other private institutions, homes
and facilities for the care of the sick, of children, the aged and the des-
titute; and make and enforce all regulations necessary to preserve and
promote public health and sanitation and protect the inhabitants of the
city from contagious, infectious or other disease.

(i) To regulate cemeteries and burials therein, prescribe the records
to be kept by the owners of such cemeteries, and prohibit all burials except
in a public burying ground.

(j) To regulate or prohibit the exercise of any dangerous, offensive
or unhealthful business, trade or employment, and the transportation of
any offensive or dangerous substance.

(k) To regulate the light, ventilation, sanitation and use and occu-
pancy of buildings heretofore or hereafter constructed, altered, remodeled
or improved, and the sanitation of the premises surrounding the same.

(1) To regulate the emission of smoke, the construction, installation
and maintenance of fuel burning equipment, and the methods of firing and
stoking furnaces and boilers.

(m) To compel the removal of weeds from private and public prop-
erty and snow from sidewalks; the covering or removal of offensive, un-
wholesome, unsanitary or unhealthy substances allowed to accumulate in
or on any place or premises; the filling in to the street level of the portion
of any lot adjacent to a street where the difference in level between the
lot and the street constitutes a danger to life and limb; and raising or
draining grounds subject to be covered by stagnant water; the razing
or repair of all unsafe, dangerous or unsanitary public or private build-
ings, walls or structures which constitute a menace to the health, safety
and morals of the occupants thereof or the public; and to compel the
abatement or removal of any and all other nuisances whatsoever. If after
such reasonable notice as the council may prescribe by ordinance the
owner or owners, occupant or occupants of the property or premises
affected by the provisions of this subsection shall fail to abate or obviate
the condition or nuisance, the City may do so and charge and collect the
cost thereof from the owner or owners, occupant or occupants of the
prspeniy affected in any manner provided by law for the collection of

xes.

(n) To regulate or prohibit the manufacture, storage, transportation,
possession and use of explosive or inflammable substances and the use
and exhibition of fireworks and discharge of firearms.

(o) To regulate or prohibit the making of fires in the streets, alleys
and other public places in the City and to regulate the making of fires
on private property.

(p) To regulate or prohibit the running at large and the keeping of
animals and fow! and provide for the impounding and confiscation of any
spel animals or fowl found at large or kept in violation of such regula-

ons.

(q) To prevent cruelty to and abuse of animals.

(r) To regulate the sale of goods, wares or merchandise at auction;
regulate the conduct of pawn shops and dealers in secondhand goods,
wares and merchandise; regulate or prohibit the peddling or hawking of
any article for sale on the streets of the City; prevent fraud or deceit in
the sale of goods, wares and merchandise; require the weighing, measur-
ing, gauging and inspection of goods, wares and merchandise offered for
sale; require weights and measures to be sealed and subject to inspection ;
and provide for the appointment of a sealer and one or more weight-
masters who shall perform such duties and functions as may be prescribed
by ordinance,
§ 2.05. Miscellaneous Powers.—The City shall also have power:

(a) To establish, maintain and operate public employment bureaus,
public markets and public baths. ;

(b) To establish, maintain, operate, and contract for the operation
of, within and without the city, public hospitals, sanatoria, convalescent
homes, clinics and other public institutions, homes and facilities for the
eare of the sick, of children, the aged and the destitute. ;

(c) To provide care for the poor and have all the powers and duties
conferred and imposed on cities by the laws of the Commonwealth relating
to public assistance. ;

(d) To establish, own, maintain and operate, within and without the
City, cemeteries for the interment of the dead, fix the price at which
graves and lots therein shall be sold, make contracts for their perpetual
care and establish the rates to be charged for the digging of graves, con-
struction of vaults and other services.

(e) To establish, maintain and operate, within or without the City,
a jail or jail farm, or both, for the confinement of prisoners, ordered or
sentenced to be confined therein or thereon; and compel able-bodied pris-
oners confined in the jail or on the jail farm to work on such farm, or
such other work as may be prescribed by ordinance. The City may also
establish, maintain and operate a regional jail or jail farm in cooperation
with neighboring counties, cities or towns, and may provide for the
establishment of a commission to operate such regional institution.

(f) To enforce its ordinances and resolutions, and inflict penalties
for any violations thereof, and in addition thereto, all money and things of
value in any lottery or gaming case, and all money, gambling parapher-
nalia, office equipment, and all other personal property of any kind or
character, used in connection with the promotion, operation or conduct of
any lottery, or attempted lottery, or any gaming case, shall be forfeited to
the city and may be seized by any officer and held to await proceedings for
condemnation. The procedure for the condemnation of said property so
forfeited shall be in a manner provided under existing State law.

§ 2.06. Enforcement of Regulations.—When by the provisions of
this charter or the Constitution and general laws of the Commonwealth
the City is authorized to pass ordinances on any subject, the council may
provide suitable penalties for the violation of any such ordinances, includ-
ing ordinances effective outside the City as provided in this charter. No
such penalty shall exceed a fine of one thousand dollars or imprisonment
for twelve months or both. Upon conviction for violation of any ordinance
the court trying the case may require bond of the person so convicted with
proper security in the penalty of not more than two thousand dollars, con-
ditioned to keep the peace and be of good behavior and especially for the
period of not more than one year not to violate the ordinance for the
breach of which he has been convicted. From any fine or imprisonment
imposed an appeal shall lie as in cases of misdemeanor. Whenever any fine
or penalty shall be imposed but not paid the court trying the case may,
unless an appeal be forthwith taken, order the person convicted to be
imprisoned in the city jail or city farm for one day for each three dollars
thereof and may issue a writ of fieri facias directed to the sergeant of the
city for the collection of the amount due, returnable within sixty days from
its issuance. The City is hereby expressly authorized and empowered to
institute and maintain a suit or suits to restrain by injunction the violation
of any ordinance legally adopted by it, notwithstanding such ordinance
may provide penalties for its violation.

§ 2.07. Licenses and Permits.—Whenever in the judgment of the
council it is advisable in the exercise of any of the powers of the City or
in the enforcement of any ordinance or regulation, it may provide for the
issuance of licenses or permits in connection therewith, establish the
amount of the fee to be charged the licensee or permittee, and require from
that licensee or permittee a bond and/or an insurance policy of such char-
acter and in such amount and upon such terms as it may determine. ;

§ 2.08. Acquisition, Ownership and Use of Property.—The city
shall have, for the purpose of carrying out any of its powers and duties,
power to acquire by gift, bequest, pur or lease, and to own and
use of, within and without the city, lands, buildings, other structures and
personal property, including any interest, right, easement or estate therein,
and in acquiring such property to exercise, within and without the city,
the right of eminent domain as hereinafter provided in this chapter.

§ 2.09. Eminent Domain.—The city is hereby authorized to acquire
by condemnation proceedings lands, buildings, structures and personal
property or any interest, right, easement or estate therein, of any person
or corporation, whenever in the opinion of the council a public necessity
exists therefor, which shall be expressed in the resolution or ordinance
directing such acquisition. The city shall have the same powers as to con-
demnation as are provided in Title 25 of the Code of Virginia of 1950, as
amended, and as are conferred on the State Highway Commissioner under
Article 5 of Chapter 1 of Title 38 of the Code of Virginia of 1950, as
amended; provided, that in case of any property owned by a corporation
having the power of eminent domain, the provisions of § 25-233 of the
Code of Virginia of 1950, as amended, shall be complied with.

Chapter 3

ELECTIONS

§ 3.01. Election of Councilmen.—On the second Tuesday in June,
1962, and on the second Tuesday in June in every fourth year there-
after, there shall be held a general city election at which shall be elected
by the qualified voters of the City at large seven members of the council
for terms of four years from the first day of July following their election,
provided that the council elected on November 5, 1957, shall take office on
June 80, 1958, and that the terms of the members thereof shall end on the
first day of July, 1962.

§ 3.02. Nominations of Candidates for Council.—There shall be
printed on the ballots used in the election of councilmen the names of all
candidates who have been nominated in accordance with the provisions of
general law, or by the filing of a notice of candidacy as provided herein
ane ne others. The requirements for nomination by notice of candidacy
sha :

(a) Any qualified voter of the City may be nominated by filing not
less than sixty days before such election with the Clerk of any Court of
Record of the City a petition signed by not less than fifty qualified voters
of the City each signature to which has been witnessed by a person whose
affidavit to that effect is attached thereto, together with a notice of can-
uudy required by the general laws of the Commonwealth relating to
elections.

(b) The petition shall state the name and street address of the resi-
dence of the person whose name is presented thereby as a candidate, and
the street address of the residence of the persons signing the same.

§ 3.03. Conduct of General Municipal Election.—The ballots used in
the election of councilmen shall be without any distinguishing party name,
mark or symbol. The general laws of the Commonwealth relating to the
conduct of elections, so far as pertinent, shall apply to the conduct of the
general municipal election.

§ 3.04. Vacancies in the Office of Councilman.—Vacancies in the
office of councilman, from whatever cause arising, shall be filled for the
unexpired portion of the term within sixty days of the occurrence of the
vacancy. If a single vacancy exists, it shall be filled by the remainder of
the council. If more than one vacancy exists, they shall be filled by a vote
of the people at a special election called for that purpose.

_ § 3.05. Election of Other City Officers.—All other city officers re-
quired by the laws of the Commonwealth to be elected by the qualified
voters of the City shall be elected on the first Tuesday following the first
Monday in November preceding the expiration of the terms of office of
their respective predecessors, for such terms as are prescribed by law. All
such elective officers shall be nominated and elected as provided in the
general laws of the Commonwealth. The officers so elected or appointed
shall qualify in the mode prescribed by law and shall continue in office
until their successors are elected and qualified.

Chap 4

COUNCIL

§ 4.01. Composition.—The council shall consist of seven members
elected as provided in Chapter 8. Councilmen shall receive the sum of
$100.00 per month as compensation for their services and the Mayor shall
receive the sum of $125.00 per month. No member of the council shall dur-
ing the term for which he was elected and one year thereafter be appointed
to any office of profit under the government of the City.

§ 4.02. Powers.—All powers of the Consolidated City as a body
politic and corporate shall be vested in the council except as otherwise
provided in this agreement. The council shall be the policy determining
body of the City and shall be vested with all the rights and powers con-
ferred on councils of cities of the first class, not inconsistent with this
agreement. In addition to the foregoing the council shall have the follow-
ing powers:

(a) To have full power to inquire into the official conduct of any
office or officer under its control, and to investigate the accounts, receipts,
disbursements, and expenses of any city employee; for these purposes it
may subpoena witnesses, administer oaths and require the production of
books, papers, and other evidence; subpoenas issued by the council shall
be enforced by the Corporation Court of the City in the manner provided
by general law.

‘(b) To provide for the performance of all the governmental functions
of a city; and to that end to provide for and set up all departments and
agencies of government that shall be necessary. Whenever it is not desig-
nated by law or by ordinance what officer or employee of the City shall
exercise any power or perform any duty conferred upon or required of the
City, or any officer thereof, then any such power shall be exercised or duty
performed by that officer or employee of the City so designated by the
City Manager. Any activity which is not assigned by the provisions of this
act to specific departments or agencies of the city government shall be
assigned by the council to the appropriate department or agency. The
council may further create, abolish, reassign, transfer or combine any city
functions, activities or departments.

(c) After the close of each fiscal year the council shall cause to be
made an audit of the accounts, books, records, and financial transactions
of the City by the City Auditor, by the Auditor of Public Accounts of the
Commonwealth of Virginia or by a firm of independent certified public
accountants, provided, however, that there shall be an independent audit,
not less than every five (5) years by the Auditor of Public Accounts of
the Commonwealth of Virginia or by a firm of certified public accountants
to be selected by the council. The report of such audit shall be filed within
such time as the council shall specify and one copy thereof shall be always
available for public inspection in the office of the Clerk to the council during
regular business hours. Either the council or the City Manager may at
any time order an examination or audit of the accounts of any officer or
department of the city government. Upon the death, resignation, removal
or expiration of the term of any officer of the City, the Director of Finance
shall cause an audit and investigation of the accounts of such officer to be
made and shall report the results thereof to the City Manager and the
council. In case of death, resignation, or removal of the City Auditor, the
council shall cause an audit to be made of his accounts. If as a result of
any such audit, an officer be found indebted to the City, the council shall
proceed forthwith to collect such indebtedness.

(d) The council shall fix a schedule of compensation for all city
officers and employees which shall provide uniform compensation for like
service. The council may by ordinance define certain classes of city officers
and employees whose salaries shall be set by the City Manager, except that
this provision shall not apply to the constitutional officers, the heads of
city departments and judges.

(e) To prescribe the amount and condition of surety bonds to be
required of such officers and employees of the City as the council may
prescribe.

§ 4.038. Mayor.—On the first day of July, 1958, and on the first day
of July of every fourth year thereafter, or if such day shall fall on Sunday
then on the following Monday, the newly elected council, having taken the
oath of office as hereinafter provided, shall proceed to choose by majority
vote of all the members thereof one of their number to be mayor and one
to be vice-mayor for the ensuing four years. The mayor shall preside over
the meetings of the council and shall have the same right to vote and speak
therein as other members. He shall be recognized as the head of the city
government for all ceremonial purposes, the purposes of military law and
the service of civil process. The mayor shall execute all Bonds and Notes
issued for the purpose of borrowing money, under the direction of the
Council, and the seal of the corporation shall be affixed and attested by the
City Clerk. The Vice-Mayor shall in the absence or disability of the Mayor
perform the duties of Mayor. In the absence or disability of both the Mayor
and Vice-Mayor the council shall by majority vote of those present choose
one of their number to perform the duties of Mayor.

§ 4.04. City Clerk.—The council shall appoint a city clerk for an
indefinite term. He shall be the Clerk of the Council, shall keep the journal
of its proceedings and shall record all ordinances in a book kept for the
purpose. He shall be the custodian of the corporate seal of the City and
shall be the officer authorized to use and authenticate it. All records in his
office shall be public records and open to inspection at any time during
regular business hours. He shall receive compensation to be fixed by the
council and all fees received by him shall be paid into the city treasury.
He shall have such other powers and duties as may be prescribed by this
charter or by ordinance.

§ 4.05. Induction of Members.—The first meeting of a newly elected
council shall take place in such meeting place as the council shall select at
ten o’clock a.m. on the first day of July following their election or if such
day shall fall on Sunday then on the following Monday, provided that the
council first elected under this charter shall hold its first meeting on the
first day in July, 1958, at the Court room of any of the Courts of Record.
It shall be called to order by the Clerk of said Court who shall administer
the oath of office to the duly elected members. In the absence of the clerk
the meeting may be called to order and the oath administered by any
judicial officer having jurisdiction in the City. The council shall be the
judge of the election and qualifications of its members but the decision of
the council in this matter 1 be subject to review by any Court of Record
of the City. The first business of the council shall be the election of a
mayor and vice-mayor and the adoption of rules of procedure. Until this
business has been completed the council shall not adjourn for a period
longer than forty-eight hours.

§ 4.06. Rules for Procedure.—The council shall have powers, subject
to the provisions of the consolidation agreement and this charter, to adopt
its own rules of procedure. Such rules shall provide for the time and place
of holding regular meetings of the council which shall be not less frequently
than once in each month. They shall also provide for the calling of special
meetings by the Mayor, the City Manager or any three members of the
council, and shall prescribe the method of giving notice thereof, provided
that the notice of each special meeting shall contain a statement of the
specific item or items of business to be transacted and no other business
shall be transacted at such meeting except by unanimous consent of all the
members of the council. A majority of the members of the council shall
constitute a quorum for the transaction of business.

§ 4.07. Voting.—No ordinance, resolution, motion or vote shall be
adopted by the council except at a meeting open to the public and, except
motions to adjourn, to fix the time and place of adjournment, and other
motions of a purely procedural nature, unless it shall have received the
affirmative votes of at least four members. All voting except on procedural
motions shall be by roll call and the ayes and nays shall be recorded in the
journal. No member of the council shall participate in the vote on any
ordinance, resolution, motion or vote in which he, or any person, firm or
corporation for which he is attorney, officer, director, employee or agent,
has a financial interest other than as a minority stockholder of a corpora-
tion or as a citizen of the City.

§ 4.08. Ordinances. When Required.—In addition to such acts of the
council which are required by the Constitution or general laws of the Com-
monwealth or by this charter to be by ordinance, every act of the council
creating, altering or abolishing any department or creating, altering,
assigning or abolishing any bureau, division, office, agency or employment,
fixing the compensation of any officer or employee of the City, making an
appropriation, authorizing the borrowing of money, levying a tax, estab-
lishing any rule or regulation for the violation of which a fine or penalty
is imposed, or placing any burden upon or limiting the use of private
property pursuant to Chapter 17 of this charter, shall be by ordinance.

§ 4.09. Effective Date of Ordinances.—Unless another date is speci-
fied therein and except as otherwise provided in this charter an ordinance
shall take effect on the tenth day following its passage.

§ 4.10. Procedure for Introducing Ordinances.—An ordinance may
be introduced by any member of the council at any regular meeting of the
council or at any special meeting when the subject thereof has been
included in the notice for such special meeting or been approved by the
unanimous consent of all the members of the council.

§ 4.11. Submission of Propositions to the Qualified Voters of the
City.—The council shall have authority to order by resolution directed to all
of the Courts of Record, or the Judges thereof in vacation, the submission
to the qualified voters of the City for an advisory referendum on any pro-
posed ordinance or amendment to the city charter. Upon receipt of such
resolution, the Courts of Record, or the Judges thereof in vacation, shall
order an election to be held thereon not less than thirty (30) days nor
more than sixty (60) days after the receipt of such resolution. The election
shall be conducted and the result thereof ascertained and determined in the
manner provided by law for the conduct of general elections and by the
regular election officials of the City.
If a petition requesting the submission of an amendment to the char-
ter, set forth in such petition, signed by qualified voters equal in number
to twenty-five (25) percent of the largest number of votes cast in any
general or primary election held in the City during the five (5) years
immediately preceding is filed with the Clerks of all of the Courts of
Record for the Consolidated City, they shall forthwith certify that fact to
the Judges of all of the Courts of Record for the Consolidated City.

The Courts or the Judges thereof in vacation shall order an election
to be held not less than thirty (30) days nor more than sixty (60) days
after such receipt, in which such proposed amendment shall be submitted
to the qualified voters of the City for their approval or disapproval. Such
election shall be conducted and the results thereof ascertained and deter-
mined in the manner provided by law for the conduct of general elections
and by the regular election officials of the City. If a majority of those
voting thereon at such election approve the proposed amendment such
result shall be communicated by the Clerks of all of the Courts of Record
of the Consolidated City to the two houses of the General Assembly and the
representatives of the City therein with the same effect as if the council
had adopted a resolution requesting the General Assembly to adopt the
amendment.

§ 4.12. Record and Publication of Ordinances.—Every Ordinance
after passage shall be given a serial number and shall be recorded by the
clerk in a properly indexed book kept for that purpose. Within one (1)
year after the first day of July, 1958, there shall be prepared under the
direction of the city attorney, who is hereby authorized to employ such
assistance as he deems necessary for the purpose, a codification of all
ordinances in force. Such codification may be passed by the council as a
single ordinance and without prior publication. Upon its passage it shall
be published in bound or loose-leaf form. This codification, to be known and
cited officially as the city code, shall be furnished to city officers and shall
be sold to the public at a price to be fixed by the council. A similar codifi-
cation shall be prepared, passed, published and distributed, as above pro-
vided, at least every five (5) years. It shall be the duty of the City Clerk
to cause all ordinances adopted to be printed as promptly as possible after
their adoption in substantially the same style and format as the codification
of ordinances and sold at such prices as the council may establish.

§ 4.18. Appointments and Removals.—The council in making ap-
pointments and removals shall act only by the affirmative votes of at least
four members. It may remove any person appointed by it for an indefinite
term, provided that the person sought to be removed shall have been served
with a written notice of the intention of the council to remove him, con-
taining a clear statement of the grounds for such removal and fixing the
time and place, not less than ten days after the service of such notice, at
which he shall be given an opportunity to be heard thereon. After the
hearing, which shall be public at the option of the person sought to be
removed and at which he may be represented by counsel, the decision of
the council shall be final.

§ 4.14. Removal of Councilmen and Members of Boards and Com-
missions Appointed by the Council for Specified Terms.—Any member of
the council or any member of a board or commission, including the school
board, appointed by the council for a specified term may be removed by
the council but only for malfeasance in office or neglect of duty. He shall
be entitled to notice and hearing as provided by the preceding section in
the case of officers appointed for indefinite terms. It shall be the duty of the
council, at the request of the person sought to be removed, to subpoena
witnesses whose testimony would be pertinent to the matter in hand. From
the decision of the council an appeal shall lie to any Court of Record of
the City. Any officer, elective or appointive, of the City who shall be con-
victed by a final ju ent of any court from which no appeal has been
taken or which has affirmed by a court of last resort on a charge
involving moral turpitude shall forfeit his office or employment.

§ 4.15. Emergency Ordinances.—The Council may by the affirmative
vote of four (4) of its members pass emergency measures to take effect
at the time indicated therein. An emergency measure is an ordinance or
resolution for the immediate preservation of the public-peace, property,
health or safety, or providing for the usual daily operation of a municipal
department, in which the reasons for the emergency are set forth and
defined. Ordinances appropriating money for such emergency may be
passed as emergency measures, but no measure for the sale or lease of
City property, or making a grant, renewal or extension of a franchise or
other special privilege, or the regulation of the rate to be charged for its
services by any public utility shall be so passed.

Chap 5

CITY MANAGER

§ 5.01. Appointment and Qualifications.—There shall be a City Man-
=i who shall be the chief executive officer of the City and shall be respon-
ible to the council for the proper administration of the city government.
He shall be appointed by the council for an indefinite term. He shall be
appointed by the council solely on the basis of his executive and administra-
tive quaica hone, with special reference to his actual experience in or
knowledge of accepted practice in respect to the duties of his office. At the
time of his appointment he need not be a resident of the City or the Com-
monwealth but during his tenure of office he shall reside within the City.
§ 5.02. Power of Appointment and Removal.—The City Manager
shall appoint for an indefinite term and remove except as otherwise pro-
vided in this charter, the heads of all departments and all other officers
and employees of the City, provided the City Manager may delegate such
powers as he sees fit to heads of the departments under his supervision.
§ 5.03. Council Not to Interfere in Appointments or Removals.—
Neither the council nor any of its members shall direct or request the
appointment of any person to or his removal from any office or employ-
ment by the City Manager or by any of his subordinates or in any way take
part in the appointment of or removal of officers and employees of the City
except as specifically provided in this charter. Except for the purpose of
inquiry, the council and its members shall deal with the administrative
services solely through the City Manager, and neither the council nor any
member thereof shall give orders either publicly or privately to any sub-
ordinate of the City Manager. Any councilman violating the provisions of
this section or voting for a motion, resolution or ordinance in violation of
this section shall be guilty of a misdemeanor and upon conviction thereof
shall cease to be a councilman.

§ 5.04. Temporary Transfer of Personnel Between Departments.—
The City Manager shall have power, whenever the interests of the City
require, irrespective of any other provisions of this charter, to assign
employees of any department, bureau, office or agency, the head of which
is appointed by the City Manager, to the temporary performance of duties
m another department, bureau, office or agency.

§ 5.05. Duties.—It shall be the duty of the City Manager to: (a)
attend all meetings of the council with the right to speak but not to vote;
(b) keep the council advised of the financial condition and the future
needs of the city and of all matters pertaining to its proper administration,
and make such recommendations as may seem to him desirable; (c) pre-
pare and submit the annual budget to the council as provided in Chapter
6 of this charter and be responsible for its administration after its
adoption; (d) prepare in suitable form for publication and submit to the
council not later than its first meeting in October of each year a concise,
comprehensive report of the financial transactions and administrative
activities of the city government during the fiscal year ending on the
preceding thirtieth day of June, and cause to be printed such number of
copies thereof as the council shall direct; (e) present adequate financial
and activity reports at each regular meeting of the council; (f) perform
such other duties as may be prescribed by the council or which may be
required of the chief executive officer of a city by the general laws of
the Commonwealth other than the duties conferred on the mayor by this

r; (g) execute, under the direction of the council, all contracts,
deeds and other papers, and the seal of the corporation shall be affixed,
and attested by the City Clerk; and (h) have direction of and control
vent all departments of the city except as otherwise provided by this
charter.

§ 5.06. Acting City Manager.—During the absence or disability of
the City Manager, the Council may designate some properly qualified per-
son to perform his duties until his return to duty or the appointment of
his successor. Upon the death or resignation of the City Manager, the
Council shall designate an acting City Manager to serve until the appoint-
ment of a City Manager. Provided that in no instance shall a member of
council be appointed as City Manager or Acting City Manager.

Chap 6

BUDGET

§ 6.01. Fiscal Year.—The fiscal year of the city government shall
be established by ordinance. Such fiscal year shall also constitute the
tax year and the budget and accounting year. As used in this charter,
the term “budget year” shall mean the fiscal year for which any partic-
ular budget is adopted and in which it is administered.

§ 6.02. Submission of Budget.—The City Manager, at least sixty
(60) days prior to the beginning of each budget year, shall submit to the
council a general budget.

§ 6.08. Preparation of Budgets.—It shall be the duty of the head of
each department, the judges of all courts, each board or commission, in-
cluding the school board, and each other office or agency supported in
whole or in part by the city, including the commissioner of revenue, the
city treasurer, the city sergeant, the attorney for the Commonwealth and
Clerks of Courts to file with the City Manager or with the Director of
Finance designated by him, at such time as the manager may prescribe,
estimates of revenue and expenditure for that department, court, board,
commission, office or agency for the ensuing fiscal year. Such estimates
shall be submitted on the forms furnished by the Director of Finance and
it shall be the duty of the head of each such department, judge, board,
commission, office or agency to supply all the information which the City
Manager may require to be submitted thereon. The Director of Finance
shall assemble and compile these estimates and supply such additional
information relating to the financial transactions of the city as may be
necessary or valuable to the City Manager in the preparation of the
budgets. The City Manager shall hold such hearings as he may deem
advisable and with the assistance of the Director of Finance shall review
the estimates and other data pertinent to the preparation of the budgets
and make such revisions in such estimates as he may deem proper, subject
to the laws of the Commonwealth relating to obligatory expenditures for
any purpose, except that in the case of the school board he may recommend
a revision only in its total estimated expenditures.
§ 6.04. Scope of the General Budget.—The general budget shall
contain: (a) An estimate of such portion of the general fund cash surplus,
if any, at the end of the current fiscal year as it is proposed to use for
meeting expenditures in the general budget.

(b) An estimate of the receipts from current ad valorem taxes on
real estate and personal property during the ensuing fiscal year.

(c) An estimate of receipts from all other sources of revenue.

(d) A statement to be furnished by the Director of Finance of the
debt service requirements for the ensuing year.

(e) An estimate of the city’s cash deficit, if any, at the end of the
current fiscal year and of any other obligations required by this charter
to be budgeted for the ensuing fiscal year. .

(f) An estimate of expenditures for all other purposes to be met in
the ensuing fiscal year.

All the estimates shall be in detail, showing receipts by sources and
expenditures by operating units, functions, character and object, so
arranged as to show receipts and expenditures as estimated for the cur-
rent fiscal year and actual receipts and expenditures for the last preceding
fiscal year in comparison with estimated receipts and recommended ex-
penditures for the ensuing year. At the head of the budget there shall
appear a summary of the budget, which need not be itemized further than
by principal sources of anticipated revenue, stating separately the amount
to be raised by property tax, and by departments and kinds of expendi-
tures, in such a manner as to present a simple and clear summary of the
detailed estimates of the budget.

§ 6.05. A Balanced Budget.—In no event shall the expenditures
recommended by the City Manager in the general budget exceed the
receipts estimated, taking into account the estimated cash surplus or
deficit at the end of the current fiscal year, as provided in the preceding
section, unless property assessments have been raised or unless the city
manager shall recommend an increase in the rate of ad valorem taxes on
real estate and tangible personal property or other new or increased
taxes or licenses within the power of the city to levy and collect in the
ensuing fiscal year the receipts from which, estimated on the basis of
the average experience with the same or similar taxes during the three
tax years last past, will make up the difference. If estimated receipts
exceed estimated expenditures the City Manager may recommend revisions
in the tax and license ordinances of the city, in order to bring the general
fund budget into balance.

§ 6.06. Budget Message.—The budget message submitted by the
City Manager to the council shall be explanatory of the budget, shall con-
tain an outline of the proposed financial policies of the city for the budget
year and shall describe in connection therewith the important features of
the budget plan. It shall set forth the reasons for salient changes from the
previous year in cost and revenue items and shall explain any major
changes in financial policy. As a part of the budget message, with re-
lation to the proposed expenditures for down payments and other proposed
expenditures for capital projects stated in the budget, the City Manager
shall include a statement of pending capital projects and proposed new
capital projects, relating the respective amounts proposed to be raised
therefor by appropriations in the budget and the respective amounts, if
any, proposed to be raised therefor by the issuance of bonds during the
budget year.

§ 6.07. Appropriation and Additional Tax Ordinances.—At the
same time that he submits the general fund budget the City Manager shall
present to the council a general appropriation ordinance. The appropri-
ation ordinance shall be based on the general fund budget but need not be
itemized further than by departments and the major operating units
thereof, and by courts, bureaus, boards, commissions, offices and agencies
submitting separate budget estimates, and by the principal object of
expenditure. At the same time the City Manager shall also present
any ordinance or ordinances altering the tax rate on real estate and per-
sonal property or levying a new tax or altering the rate of any other tax
necessary to balance the general fund budget as hereinbefore provided.
The hearing on the budget plan as a whole, as provided in this section
shall constitute the hearing on all ordinances referred to in this subsection.

§ 6.08. Budget a Public Record.—The budget and budget message
and all supporting schedules shall be a public record in the office of the
City Manager open to public inspection after the budget has been submit-
ted to the council and made public by it; provided, however, that no de-
partment or agency, head or judge or board or commission, manager, or
director of finance shall divulge details of the proposed budget nor make
public statements regarding budget estimates until the budget has been
submitted to the council and made public by it. The City Manager on au-
thorization from the council shall cause sufficient copies of the budget
and budget message to be prepared for distribution to interested persons.

§ 6.09. Publication of Notice of Public Hearing.—At the meeting
of the council at which the budget and budget message are submitted, the
council shall determine the place and time of the public hearing on the
budget, which time shall be at least thirty days prior to the beginning of
each budget year, and shall cause to be published a notice of the place and
time, not less than seven days prior to the date of the public hearing.

§ 6.10. Public Hearing on Budget.—At the time and place so adver-
tised, or at any time and place to which such public hearing shall from
time to time be adjourned, the council shall hold a public hearing on the
budget as submitted, at which all interested persons shall be given an
opportunity to be heard, for or against the estimates or any item thereof.

§ 6.11. Action by the Council on the General Budget.—After the
conclusion of the public hearing on the general budget the council may
insert new items of expenditures or may increase, decrease or strike out
items of expenditure in the general fund budget, except that no item of
expenditure for debt service as required by law shall be reduced or
stricken out. The council shall in no event adopt a general budget in
which the total of expenditures exceeds the receipts, estimated as herein-
before provided, unless at the same time it adopts measures for providing
additional revenue in the ensuing fiscal year, estimated as hereinbefore
provided, sufficient to make up the difference.

§ 6.12. Adoption of Budget.—The budget shall be adopted by the
votes of at least a majority of all the members of the council. The budget
shall be finally adopted not later than the last day of the last month of
the fiscal year. Should the council take no final action on or prior to such
day, the budget, as submitted, shall be deemed to have been finally
adopted by the council.

§ 6.13. Additional Appropriations—An appropriation in addition
to those contained in the general appropriation ordinance, except for the
purpose of meeting a public emergency as provided for elsewhere in this
charter, may be made by the council, by not less than a majority affirma-
tive vote of the members present, only if there is available in the general
fund a sum unincumbered and unappropriated sufficient to meet such
appropriation.

§ 6.14. Reserve for Permanent Public Improvements.—The council
may by ordinance establish a reserve fund for permanent public improve-
ments and may appropriate thereto any portion of the general fund cash
surplus not otherwise appropriated at the close of any fiscal year. It may
likewise assign to the said fund a specified portion of the ad valorem tax
on real estate and tangible personal property not to exceed ten cents on
The hundred dollars of the assessed valuation thereof or the whole or part
Of the proceeds of any other tax.

Chap 7

Borrowing

§ 7.01. Borrowing Power.—The city council may, in the name and
for the use of the city, incur indebtedness by issuing its negotiable bonds
ea mite for the purposes, in the manner and to the extent provided in this

pter.

_ § 7.02. Purposes for which Bonds may be Issued.—Bonds may be
issued for the purpose of financing the whole or any part of the cost of
any capital improvement project, and to refund outstanding bonds. A
capital improvement is hereby defined to include any public improvement
or utility which the city is authorized to undertake, including the acquisi-
tion of any property, real or personal, incident thereto, the construction or
reconstruction in whole or in part of any building, plant, structure, or
facility, necessary or useful in carrying out the powers of the city, and in
the equipment or re-equipment of the same.

§ 7.08. Limitation on Indebtedness.—Except as otherwise provided
in §§ 7.08 and 7.09 of this chapter, the city shall not issue bonds or other
interest bearing obligations to an amount which, including existing indebt-
edness, shall, at any time, exceed eighteen percentum of the assessed valua-
tion of real estate in said city subject to taxation, as shown by the last pre-
ceding assessment for taxes; provided, however, that in determining the
limitations to the power to incur indebtedness, there shall not be included
the classes of indebtedness specially described in subdivisions (a) and
ee of Section one hundred and twenty-seven of the Constitution of

irginia.

§ 7.04. Notes in Anticipation of Bonds.—Whenever an issue of bonds
has been authorized as provided in this charter, the Mayor, when author-
ized by resolution, shall have power to issue notes of the city in anticipa-
tion of such bonds, for the purpose of defraying the whole or any part of
the cost of such project. Such notes shall be authenticated by the signature
of the Mayor and the City Treasurer and shall mature not later than two
years after the date of issue.

§ 7.05. Form of Bonds.—All bonds issued pursuant to this charter
shall be issued in accordance with the general laws of Virginia relating to
the issuance of bonds by municipalities.

§ 7.06. Payment of Bonds and Notes.—The faith and credit of the
city and all taxes and revenues paid thereto are hereby pledged for the
payment of the principal of and interest on all bonds and notes of the city
issued pursuant to this charter, except bonds for revenue producing utili-
ties issued pursuant to this charter and which bonds are by their terms
payable solely from the revenues derived from such utilities, whether or
not such pledge be stated in the bonds or notes or in the bond ordinances
authorizing their issue.

§ 7.07. Sinking Fund.—There shall be a sinking fund for the amor-
tization of the outstanding term bonds of the city. There shall be paid into
the sinking fund annually the sum determined by the Director of Finance,
and by him certified to the City Manager for inclusion in the budget, to be
necessary on actuarial principles to amortize such term bonds at maturity.
The sinking fund may be invested only in bonds or other direct obligations
of the city, the Commonwealth of Virginia, cities and counties of the
Commonwealth of Virginia, or the United States. The sinking fund shall
be administered by the City Treasurer and such person or persons as the
council may designate.
§ 7.08. Bond Issues for Revenue Producing Utilities —The City is
hereby empowered to issue from time to time in the manner prescribed by
Section one hundred twenty-seven (b) of the Constitution of Virginia
bonds of the city, for the purpose of acquiring, establishing, constructing,
improving or enlarging any sewage disposal system, waterworks, gas
plant, electric plant, garbage and trash disposal system, incinerator, toll
bridge, motor vehicle parking area or building, airport, or other public
utility, from which the city may derive a revenue; for the purpose of
reimbursing the general fund or other fund of the city for monies paid
from said fund or funds for such purposes; and/or for the purpose of
funding or refunding any existing indebtedness incurred for such pur-
poses. Such bonds shall not be included in determining the power of the
city to incur indebtedness within the limitation prescribed by Section one
hundred twenty-seven of the Constitution of Virginia or Section 7.03 here-
of; but, from and after a period to be determined by the council, not
exceeding five years from the date of the election authorizing such bonds,
whenever and for so long as any such revenue producing utility fails to
produce sufficient revenue to pay for cost of operation and administration,
including the interest and amortization of such bonds, and the cost of
insurance against loss by injury to persons or property, all such bonds
outstanding shall be included in determining the limitation of the power of
the city to incur indebtedness under any provision of this charter or under
the provisions of Section one hundred twenty-seven of the Constitution of
Virginia. The city may, however, issue bonds from time to time for any
or all of such purposes, including reimbursement of funds and the funding
or refunding of existing indebtedness, in the manner prescribed by Section
one hundred twenty-seven (b) of the Constitution of Virginia, the principal
and interest of which bonds shall be payable exclusively from the revenue
of such revenue producing utilities and for which payment of principal
and interest the full faith and credit of the city shall not be deemed to be
pledged notwithstanding any other provision of this charter, and such
bonds shall never be included in determining the limitation of the power of
the city to incur indebtedness under the provisions of this charter or under
me provisions of Section one hundred twenty-seven of the Constitution of

irginia.

§ 7.09. Contents of Bond Ordinance for Revenue Producing Utilities.
—tThe ordinance authorizing the issuance of any bonds for any revenue
producing utility shall state either:

‘(a) That the bonds shall be payable from the ad valorem taxes with-
out limitation of rate or amount; the full faith and credit of the city is
deemed to be pledged for the payment of principal and interest thereof;
and the bonds are to be issued pursuant to the provisions of Section one
hundred twenty-seven (b) of the Constitution of Virginia and are not to
be included in determining the power of the city to incur indebtedness
within the limitation prescribed by Section one hundred twenty-seven of
the Constitution of Virginia; provided, however, that from and after a
period specified in such ordinance not exceeding five years from the date
of the election authorizing the bonds, whenever and for so long as such
revenue producing utility fails to produce sufficient revenue to pay for the
cost of operation and administration, including the interest on such bonds,
and the cost of insurance against loss by injury to persons or property,
and an annual amount to be covered into a sinking fund sufficient to pay
all such bonds outstanding shall be included in determining the limitation
of the power of the city to incur indebtedness; or

(b) That the principal and interest of such bonds shall be payable
exclusively from the revenue of such revenue producing utility, the faith
and credit of the city shall not be deemed to be pledged for the payment of
such principal and interest; and the bonds are to be issued pursuant to the
provision of Section one hundred twenty-seven (b) of the Constitution of
Virginia and are never to be included in determining the power of the city
to incur indebtedness within the limitation prescribed by Section one hun-
dred twenty-seven of the Constitution of Virginia.

§ 7.10. Borrowing to Pay Judgment.—In the absence of unappro-
priated available revenues to pay a final judgment for money which may
be recovered against the city, the council may by resolution authorize the
issuance of a note or notes, the proceeds of which shall be used to pay such
judgment, which note or notes may be renewed from time to time, but
such note or all such notes of any fiscal year and any renewals thereof
shall be paid not later than the last day of the fiscal year next succeeding
the budget year in which such judgment was recovered.

§ 7.11. Borrowing in Anticipation of Property Taxes.—In any bud-
get year, in anticipation of the collection of the property tax for such year,
whether levied or to be levied in such year, the council may by resolution
authorize the borrowing of money by the issuance of negotiable notes of
the city, each of which shall be designated “tax anticipation note for the
year 19..” (stating the budget year). Such notes may be issued for periods
not exceeding one year and may be renewed from time to time for periods
not exceeding one year, but together with renewals shall mature and be
paid not later than the end of the third fiscal year after the budget year
in which the original notes have been issued.

§ 7.12. Borrowing in Anticipation of other Revenues.—In any bud-
get year, in anticipation of the collection or receipt of other revenues of
that year, the council may by resolution authorize the borrowing of money
by the issuance of negotiable notes of the city, each of which shall be
designated “special revenue note for the year 19...” (stating the budget
year). Such notes may be renewed from time to time, but all such notes,
together with the renewals, shall mature and be paid not later than the
end of the fiscal year after the budget year in which the original notes shall
have been issued.

§ 7.18. Notes Redeemable Prior to Maturity—No notes shall be
made payable on demand, but any note may be made subject to redemption
pater “ maturity on such notice and at such time as may be stated in

e note.

§ 7.14. Sale of Notes.—AlIl notes issued pursuant to the provisions
of this chapter when authorized by the council, may be sold at not less than
par and accrued interest at private sale without previous advertisement by
the Director of Finance, with the approval of the City Manager.

§ 7.15. Payment of Notes.—The power and obligation of the City to
pay any and all notes hereafter issued by it pursuant to the provisions of
this chapter shall be unlimited and the city shall levy ad valorem taxes on
all the taxable property within the city for the payment of such notes and
interest thereon without limitation of rate or amount.

§ 7.16. Supplemental Method of Borrowing and Payment.—In addi-
tion to any other indebtedness of the city and certificate of debt, or bonds,
which the council of said city has issued, the council of the said city, by the
affirmative vote of not less than four (4) members thereof, may, from
time to time, borrow an additional sum, or sums of money, not exceeding
in the aggregate, however, under this authority, the sum of $500,000.00
(provided, however, the said sum shall not be in excess of the amount fixed
by law which it may borrow), and may, in the name and for the use of said
city, cause to be issued certificates or notes, evidencing said indebtedness,
which said certificates or notes, however, shall be payable in not more than
five (5) years from their date and upon payment, or redemption of said
certificates of debt, or notes, the council may again, by the affirmative vote
of not less than four (4) of the members thereof, from time to time, borrow
a like sum and issue like certificates, or notes, evidencing the indebtedness
thereof, which shall likewise be payable not more than five years from
their date.

§ 7.17. All notes or other evidences of debt issued pursuant to
§§ 7.10 through 7.16, inclusive, of this chapter shall, unless payable within
one year of their issue, or the date of the original obligation if the issue
is a renewal, and not past due, be included in determining the limitation
on indebtedness in accordance with § 127 of the Constitution.